Hofstra Law School & the Scuola Superiore Sant’Anna
Pisa, Italy; May 22 - June 5, 2010
Course in Comparative Health Care Regulation
Professor Giovanni Comandé
Scuola Superiore Sant’Anna
Pisa, Italy
Professor Vern R. Walker
Hofstra University School of Law
Hempstead, New York 11549 USA
These are the assigned readings for the course in Comparative Health Care Regulation, part of the study abroad program in Pisa, Italy in 2010 co-sponsored by Hofstra Law School and the Scuola Superiore Sant’Anna. In addition to the electronic copies of the readings available here, printed copies will be available in Pisa.
TOPICS AND ASSIGNED READING MATERIALS
WEEK ONE
I. Is health care a fundamental human right? Who should be covered?
May 24
Eleanor D. Kinney, The International Human Right to Health: What Does This Mean for Our Nation and World?, 34 IND. L. REV. 1457, 1467-71 (2000-2001)[excerpts]
Aart Hendriks, The Right to Health in National and International Jurisprudence, 5 EUR. J. HEALTH L. 389, 394-401 (1998) [excerpts]
George P. Smith, II, Human Rights and Bioethics: Formulating a Universal Right to Health, Health Care, or Health Protection?, 38 VAND. J. TRANSNATIONAL L. 1295, 1308-21 (2005) [excerpts]
II. What is the extent of market failure in health care?
May 25
Mark A. Hall & Carl E. Schneider, Patients As Consumers: Courts, Contracts, and the New Medical Marketplace, 106 MICH. L. REV. 643 (February 2008) [excerpts]
III. What are the contours of health care ...
May 26
... In the U.S., with the new Health Reform Law?
Kaiser Family Foundation, Summary of Coverage Provisions in the Patient Protection and Affordable Care Act, Publication #8023-R, Last Modified: April 28, 2010; originally available at: http://www.kff.org/healthreform/8023.cfm
Kaiser Commission on Key Facts, Medicaid and the Uninsured: Medicaid Beneficiaries and Access to Care, Publication #8000-02, Last Modified April 2010; originally available under “Fact Sheet” at: http://www.kff.org/medicaid/8000.cfm
Kaiser Family Foundation, Explaining Health Care Reform: Questions About Health Insurance Exchanges, Publication #7908-02, Last Modified April 2010; originally available under “Brief” at: http://www.kff.org/healthreform/7908.cfm
... In Europe and especially in the Italian Health Care system?
Franco Reviglio, Health Care and Its Financing in Italy: Issues and Reform Options, International Monetary Fund, WP/00/166 (IMF Working Paper, October 2000)
Marina Cavalieri & Calogero Guccio, Effects of Decentralization and Cost Containment Policies on the Public Share of Health Expenditure in Italy, 68 RIVISTA DI DIRITTO FINANZIARIO E SCIENZA DELLE FINANZE 35, 38-40 (2009) [excerpts]
J. Schreyögg, T. Stargardt, M. Velasco-Garrido, & R. Busse, Defining the “Health Benefit Basket” in nine European countries, 2005 EUR. J. HEALTH ECON. [SUPPL. 1]6:2-10 (2005)
IV. What coverage/services/benefits should be provided to those who are eligible? What is the basis for rationing health care services?
A. In the U.S.?
May 27
Melissa K. Skull, Construction and application of Emergency Medical Treatment and Active Labor Act (42 U.S.C.A. § 1395dd), 104 A.L.R. FED. 166 (Originally published in 1991) [excerpt from version downloaded 4/30/2010]
Michael S. Kolber, Opacity and Cost Effectiveness Analysis in Medicare Coverage Decisions: Health Policy Encounters Administrative Law, 64 FOOD & DRUG L.J. 515 (2009) [excerpts]
B. In the Italian Health Care system and its European counterparts?
May 28
Same reading as on May 26: J. Schreyögg, T. Stargardt, M. Velasco-Garrido, & R. Busse, Defining the “Health Benefit Basket” in nine European countries, 2005 EUR. J. HEALTH ECON. [SUPPL. 1]6:2-10 (2005)
David Orentlicher, Rationing Health Care: It’s a Matter of the Health Care System’s Structure, available at http://ssrn.com/abstract=1568445
WEEK TWO
V. What mechanisms should we use to control quality of care?
A. Regulatory Mechanisms?
May 31
Kristin Madison, The Law and Policy of Health Care Quality Reporting, 31 CAMPBELL L. REV. 215 (2009) [excerpts]
Sandra J. Tanenbaum, Pay for Performance in Medicare: Evidentiary Irony and the Politics of Value, 34 J. HEALTH POLITICS, POLICY & L. 717 (October 2009) [excerpts]
B. Should there be tort/malpractice reform?
June 1
Veronica Grembi, Trends and Duration of Medical Malpractice Cases: Some Evidence From the Italian Court of Cassation Decisions (1970-2005), pp. 1-11, 24-25 [excerpts], available at http://ssrn.com/abstract=983039
Lee Harris, Tort Reform as Carrot-and-Stick, 46 HARV. J. ON LEGIS. 163 (Winter 2009) [excerpts]
VI. What should be done, if anything, to regulate cross-border health care?
June 2
Nathan Cortez, Recalibrating the Legal Risks of Cross-Border Health Care, 10 YALE J. HEALTH POLICY, L. & ETHICS 1 (Winter 2010) [excerpts]
VII. What are the privacy or other concerns with electronic health records?
June 3
Mark A. Hall, Property, Privacy, and the Pursuit of Interconnected Electronic Medical Records, 95 IOWA L. REV. 631 (February 2010) [excerpts]
Recap and Final Discussion before Exam
June 4
